ILLINOIS POLLUTION CONTROL BOARD
May
28, 1987
IN THE MATTER OF:
)
NATIONAL STOCKYARDS COMPANY
)
AC 87-37
)
(IEPA Docket No.
8338—AC)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon an April
13,
1987
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency (Agency).
A copy of that
Administrative Citation
is attached hereto,
The Agency alleges
that National Stockyards Company has violated Sections 2l(p)(5),
21(p)(7), 21(p)(1) and 2l(p)(9)
of the Act.
The statutory
penalty established for each of these violations is $500.00
pursuant
to Section 42(b)(4) of the Act.
National Stockyards Company has not filed a Petition for
Review with the Clerk of
the Board within
35 days of the date of
service as allowed by Section 3l.1(d)(2) of the Act.
Therefore,
pursuant
to Section 31.l(d)(l),
the Board finds that National
Stockyards Company has violated each and every provision alleged
in the Administrative Citation.
Since
there are four
(4) such
violations, the total penalty to be imposed is set at
$2,000.00.
It is hereby ordered that, unless the penalty has already
been paid, within 30 days
of the date of this Order National
Stockyards Company shall, by certified check or money order
payable
to the State of
Illinois and designated
for deposit into
the Environmental Protection Trust Fund, pay a penalty in the
amount of $2,000.00 which is to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT
IS SO ORDERED.
78-227
—2—
I,
Dorothy
ti.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify, that the above Order was adopted on the
.~F~72dayof
,
1987 by a vote of
~O
Dorothy M.
Günn, Clerk
Illinois Pollution Control Board
78-228
~:~@
~u~’r~
ILLINOIS ENVIRONMENTAL PROTECTION AGE~~J
STP1ECw ~L~INO~S
ADMINISTRATIVE CITATION
~OItUO~I CONT
01
BOARD
IN
THE
MATTER
OF:
)
~2c.
~7~7
NATIONAL
STOCKYARDS
COMPANY,
)
IEPA
DOCKET
NO.
~338-AC
a Deleware corporation licensed
)
to do business in Illinois.
)
)
Respondent.
)
JURISDICTION
This Administrative Citation
is issued pursuant to the authority
vested
in the Illinois Environmental Protection Agency by Public Act
84-1320 (Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111½, par.
1031.1).
FACTS
1.
That Respondent,
National Stockyards Company,
is the present
operator of a facility located
in the County of St. Clair~-State of
Illinois.
2.
That said facility is operated as a sanitary landfill, operating
without any Illinois Environmental Protection Agency Permit~,and desig-
nated with Site Code No. 1631000005.
Said facility is commonly known
to the Agency as National City/National
Stockyards.
3.
That Respondent has operated said facility at all times pertinent
hereto.
4.
That on March
4,
1987, Randy Ballard, of the Illinois Environment
Protection Agency, inspected the above-described landfill
facility.
A copy of the inspection report setting forth the results of such inspectic
is attached hereto and made a part hereof.
78-229
VIOLATIONS
On the basis of direct observation of Randy Ballard, the Illinois
Environmental Protection Agency has determined that Respondent was
conducting an unpermitted landfill operation at the above—described
facility which
is otherwise required to have a permit pursuant to
Ill.
Rev.
Scat.
1985,
ch.
111½,
par. 1021(d),
in
a manner which resulted
in the following conditions:
A.
On March 4,
1987,
inspection of said unpermitted landfill
facility revealed uncovered refuse remaining from a previous operating
day, in violation of Ill.
Rev. Stat., 1986 Supp., ch.
111½, par.
1021 (p)(5).
B.
On March
4,
1987,
inspection of said unpermitted landfill
facility revealed the prior acceptance of wastes without necessary
permits,
in violation of Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
1021 (p)(7).
C.
On March
4, 1987,
inspection of said unpermitted landfill
facility revealed refuse
in standing or flowing water,
in violation
of Ill.
Rev. Stat.
1986 Supp.,
ch.
lllp,
par. lO2l(p)(1).
D.
On March 4,
1987,
inspection of said landfill
facility revealed
the deposition of refuse on
said unpermitted landfill,
in violation
of
Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par. lO2l(p)(9).
CIVIL PENALTY
Pursuant to Public Act 84-1320 (Iii.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
l042(b)(4)),
Respondent herein
is subject to
a civil
penalty
of Five Hundred Dollars
($500.00) for each violation specified above
in Paragraphs
A through
D, for
a total of Two Thousand ($2,000.00)
2
78-230
Additionally, should you elect
to petition the Illinois Pollution
Control Board under the review process described hereinbelow, and if
there
is
a finding of the violations alleged herein, after an adjudicatory
hearing, you shall
be assessed the associated
hearing costs incurred
by the Illinois Environmental Protection Agency and the Illinois Pollution
Control
Board,
in addition
to the Five Hundred Dollar ($500.00) statutory
penalty for each finding of violation.
If you acknowledge the violations cited hereinabove, the civil
penalty specified above shall
be due and payable no later than May
21,
1987.
If you
do not petition the Illinois Pollution Control
Board
for review of this Administrative Citation within thirty—five
(35)
days of service hereof or if you elect to contest this Administrative
Citation, any judgment rendered against you shall specify the
due date
of the statutory civil
penalty and any costs assessed against you
When Dayment
is made, your check should be made payable to the
Illinois Environmental Protection Trust fund and mailed to the attention
of fiscal
Services, Illinois Environmental Protection Agency, 2200
Churchill Road, P.O.
Box 19276, Springfield, Illinois 62794-9276.
Also, please complete and return the enclosed Remittance Form, along
with your payment, to assure proper documentation of payment.
If any civil
penalty, by reason of acknowledgment, default or
finding after adjudicatory hearing, is not paid when due; the Illinois
Environmental Protection Agency shall
take into consideration such
failure
to pay during any permit
review process upon your application
for a new permit or for renewal of an existing permit.
Furthermore,
3
78-231
if payment is
not received when due, the Offices of the Illinois Attorney
General
shall
be requested to initiate proceedings
in Circuit Court
to collect said civil
penalty.
In addition
to the previously assessed
civil
penalty, and hearing costs of the Illinois Environmental Protection
Agency and the Illinois Pollution Control
Board,
if any; the Attorney
General’s Office will seek to recover their costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You have the right
to contest this Administrative Citation.
See
Public Act 84-1320
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
1031.11.
If you elect to contest this Administrative Citation, you must file
a Petition for Review with the Clerk of the Illinois Pollution Control
Board.
A copy of the Petition for Review should be filed with the
Illinois Environmental Protection Agency.
Such Petition for Review
must be filed within thirty-five
(35) days of the date of service of
this Administrative Citation, or
a default judgment shall be entered
by the Pollution Control
Board.
The Petition for Review may be filed
with the Clerk of the Illinois Pollution Control Board at the. State
of Illinois Center,
100 West Randolph, Suite 11—500, Chicago,
Illinois
60601; and, a copy of said Petition for Review filed with the Illinois
Environmental
Protection Agency at 2200 Churchill Road,
P.O. Box 19276,
Springfield,
Illinois
62794-9276, Attention:
Enforcement Services.
~
Q. ~
Richard J.
Caf4
n,
Director
Illinois Envi~onmenta1Protection Agency
Date:
April
8, 1987
4
78-232